Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Plea of guilty
117DAccused who pleads guilty must be informed if he or she has right to elect trial by Court Martial
If the commanding officer, detachment commander, or superior commander considers under section 117C that he or she should give the accused the right to elect trial by the Court Martial, he or she must—
- inform the accused that the accused has the right to elect either—
- trial by the Court Martial; or
- for the commanding officer, detachment commander, or superior commander to proceed under subpart 4; and
- trial by the Court Martial; or
- adjourn the hearing and give the accused a reasonable period to consider the accused’s election; and
- give the accused the opportunity to consult a lawyer in respect of the accused’s election if it is reasonably practicable to do so.
The period of adjournment under subsection (1)(b) must be at least 24 hours if the accused wishes it.
Notes
- Section 117D: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


